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on the same from the date of said assessments, together with

costs.

Section 6. When any such assessment shall be paid by any person against whom such assessment has been made, who is not the owner of such lot or parcel of land, then the person so paying the same, shall have a lien upon such lot or parcel of land with the buildings thereon, for the amount of said assessment so paid by said person, and incidental charges, which lien may be enforced in an action of assumpsit as for money paid, laid out and expended, and by attachment in the same way and manner provided for the enforcement of liens upon buildings and lots, under sections twenty-nine to forty-five inclusive, of chapter ninety-three, revised statutes, which lien shall continue. one year after said assessment is paid.

CHAP. 87

Assessments paid by non

owners to constitute a

lien.

Board of order ensewer.

health may

trance to

health shall

Section 7. Whenever it shall appear to the board of health of the town of Norway, that any cellar or lot of land lying in said village within two hundred feet of any public drain or common sewer, constructed or maintained by said village corporation, or that any private drain draining into the gutter of any street, way, lane or alley or upon neighboring property within two hundred feet as above provided, in said village, or into Pennesseewassee stream, so-called, or into any branch or tributary thereof, within two hundred feet as above provided, is a public nuisance, said board of health shall give notice there-board of of in writing to the owner or occupant of said premises and re- give notice. quest said owner or occupant to abate said nuisance within such reasonable time as said board of health shall direct; and if said owner or occupant shall not, within the time specified by the board of health, abate said nuisance, the corporation assessors, or a committee chosen by them, shall have the power to connect the premises with the public drain or common sewer, and the property shall be liable for the expense thereof in addition to the assessment fixed by said corporation assessors; but the owner or person in possession or person against whom the taxes are assessed, shall have all the rights and privileges guaranteed to him by section two of this act, relating to assessments, the same as if such person had connected with such public drain of common sewer voluntarily.

may

con

nect pemises,

if a nuisance.

may enter

Section 8. For the construction or repair of any public drain corporation or common sewer, the Norway Village Corporation shall have lands. authority to enter upon any land in said village, and take the same for said purposes, and to lay said sewer over, across and may lay through said lands, when in the opinion of the corporation as

sewers.

CHAP. 87

-shall file

description of

-damages, how determined.

-notices,

how given.

sessors it is for public interest so to do. Said corporation assessors shall within thirty days after such taking, file in the lands taken. registry of deeds for Oxford county a description of the lands so taken and the course of said drain or sewers. All damages occasioned by reason of any such taking shall be determined by said corporation assessors, by first giving not less than seven days written notice in hand, or leaving the same at the last and usual place of abode of the owner, tenant, lessee or agent, or by publishing a like notice in one or more of the village papers, designating the time and place of hearing, the last publication of which shall not be less than seven days prior to the time of hearing. The corporation assessors shall, within five days after such hearing, file their return with the corporation clerk, shall be re- stating the amount of damages allowed for each parcel or lot of land so crossed. Any person not satisfied with the amount of his award, shall have the right to appeal to the supreme judicial court in which the same proceedings shall be had as in case of appeal from the decision of county commissioners in case of damages for lands taken for highways.

-amount of assessment

turned to cor

poration clerk.

-appeal, how taken.

Subsequent entrance to sewer, to provide for.

May take water to flush sewer.

Section 9. If at any time prior to the final payment of the last installment of said assessment, the owners of any lots or parcels of land not included in the original determination of the assessors as provided in section one of this act shall desire to connect with said sewer, and shall obtain a permit therefor as provided in section three, said lots or parcels of land may thereafter be included in the annual assessment as if they had been originally included in the lots or parcels determined to be benefited, and shall be subject to the same tax and same annual lien until the debt for said sewerage system is fully paid.

Section 10. Norway Village Corporation is hereby empowered to take water from Pennesseewassee lake, stream or bog, so-called, for the purpose of flushing said sewer, and may enter upon land and lay pipes, over and across the same, as provided in section eight.

Approved March 10, 1911.

Chapter 88.

An Act to amend Chapter two hundred and nineteen of the Private and Special Laws of nineteen hundred and three relating to the appointment of a Recorder of the Eastport Municipal Court.

CHAP. 88

chapter 219,

1903, amend

of recorder. -tenure. -shall be sworn.

Be it enacted by the People of the State of Maine, as follows: Section 1. Section two of chapter two hundred and nineteen Section 2, of the private and special laws of nineteen hundred and three special laws is hereby amended by striking out after the word "shall" in ed. the second line, the following words, to wit: 'be an attorney at law and'. So that said section two shall read as follows: 'Section 2. The judge shall appoint a recorder of said court, Appointment who shall reside in said Eastport, and hold his office for four years. He shall be sworn by said judge, and keep the records of said court when requested to do so by said judge. In case of absence from the court room or sickness of the judge, or in absence when the office of judge shall be vacant, the recorder shall have and exercise all the powers of said judge, and perform all the duties of said judge by this act, and the signature of the recorder, as such, shall be sufficient evidence of his right to act instead of the judge. In the absence of both judge and recorder, any justice of the peace of the city of Eastport, may preside for the purpose of entering and continuing actions and filing papers in said court, and may adjourn the same from day to day, or till the next regular term.'

Approved March 11, 1911.

of judge shall exercise powers of judge.

in absence

of both judge

and recorder, peace may

justice of the

act.

Chapter 89.

An Act to repeal Chapter four hundred and four of the Private and Special Laws of nineteen hundred and nine, relating to the reconstruction of Portland Bridge.

Be it enacted by the People of the State of Maine, as follows:

Chapter four hundred and four of the private and special Chapter 404, laws of nineteen hundred and nine is hereby repealed.

Approved March 11, 1911.

special laws 1909, repealed.

[blocks in formation]

CHAP. 90

Section 1, chapter 233, special laws

1909, amended.

Close time

for deer in

Chapter 90.

An Act to amend Chapter two hundred and thirty-three of the Private and Special Laws of nineteen hundred and nine, entitled "An Act for the protection of Deer in York County."

Be it enacted by the People of the State of Maine, as follows:

Section one of said chapter is hereby amended by adding the following: 'Provided, however, that it shall be unlawful to hunt, chase, catch or kill any deer within the limits of the town of York, in said county, at any time,' so that when amended said section shall read as follows:

'Section 1. There shall be an annual close time for deer, York county. during which it shall be unlawful to hunt, take, catch, kill or destroy any deer, in the county of York, from December first to October thirty-first, inclusive, following of each year. It shall be unlawful to hunt, chase, catch or kill more than one deer in said county during the month of November in each year, and it shall be unlawful to have in possession in one open season more than one deer which has been killed in said county. It shall be unlawful to hunt deer with a shot gun in this county. Provided, however, that it shall be unlawful to hunt, chase, catch or kill any deer within the limits of the towns of York, Kittery and Eliot, in said county, at any time.'

--proviso.

Approved March 11, 1911.

Chapter 91.

An Act to grant additional powers to the Lubec Sardine Company.

Be it enacted by the People of the State of Maine, as follows: Section 1. The Lubec Sardine Company, a corporation organized under the general laws of Maine and located at Lubec, town of Lu- is hereby authorized to generate, sell, distribute and supply

Authorized to supply electricity in

bec.

May set poles,

etc.

electricity for power, heating, lighting, manufacturing and mechanical purposes in the town of Lubec subject to all the provisions of chapter two hundred and forty-four of the public laws of nineteen hundred and nine.

Section 2. Said Lubec Sardine Company is hereby empowextend wires, ered to set poles and extend wires and lay pipes and conduits and construct and maintain its lines in, upon, along, over, across and under the streets and roads in said town of Lubec, for the purpose of furnishing electric light and power for heating, manufacturing and mechanical purposes for public and private use in said town under such reasonable restrictions as may be imposed by the municipal officers of said town, subject to the

-restrictions.

general law of the state regulating the erection of poles and lines and laying pipes and conduits for the purposes of electricity.

CHAP. 92

Approved March 11, 1911.

Chapter 92.

An Act to authorize the City of Lewiston to take ice from the Androscoggin River, Lake Auburn and other ponds in Androscoggin County and sell the same at cost to its inhabitants.

cut ice from

river.

from

cer

tain ponds.

granted.

Be it enacted by the People of the State of Maine, as follows: Section 1. The city of Lewiston is hereby authorized and Authorized to empowered to cut and take ice from the Androscoggin river Androscoggin and from Lake Auburn, or any pond in Androscoggin county, and sell ice to the inhabitants of said Lewiston at cost, that is to say, without financial profit to said city. Said city of Lewiston is hereby given and granted all shore rights, privileges shore rights and easements in, upon, and about said Androscoggin river, Lake Auburn, and other ponds in said Androscoggin county, necessary to cut said ice in said Androscoggin river, Lake Auburn and other ponds in Androscoggin county, and to take the same therefrom and store it in suitable ice houses at or near the shore of said Androscoggin river, Lake Auburn, and the other ponds of Androscoggin county aforesaid. Said city of Lewiston is hereby authorized and empowered to acquire by authorized purchase any land at or near the shore of said Androscoggin lands. river, Lake Auburn, and other ponds in said Androscoggin county from which it may decide to cut and take ice as aforesaid.

to purchase

Board of wastoners may lands.

ter commis

enter on

city may

take and hold

Section 2. The board of water commissioners of said city of Lewiston may enter upon any land along the shore of said Androscoggin river, Lake Auburn, or any other pond in Androscoggin county from which it may cut and take ice under this chapter, for locating the necessary ice houses or other structures, doing no unnecessary damage, and said city of Lewiston may take and hold the quantity of land together with the shore rights, privileges, and easements appurtenant thereto necessary in the opinion of said water commissioners for the purpose of constructing ice houses and other structures necessary to carry out the purposes of this act; and within thirty days after determining the quantity of land and the boundaries thereof to be taken and held, said city of Lewiston shall file in the locations. registry of deeds for the county of Androscoggin, notice of said taking, together with plans and descriptions of said land, with

lands.

shall be filled.

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